BILL ANALYSIS                                                                                                                                                                                                    



                                                                    SB 563
                                                                    Page  1

          Date of Hearing:   August 18, 1999

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS 
                              Carole Migden, Chairwoman

                    SB 563 (Speier) - As Amended: June 29, 1999 

          Policy Committee:                              Public  
          SafetyVote:  5-0

          Urgency:     No                   State Mandated Local  
          Program:YesReimbursable:          No

           SUMMARY  :

          This bill:

          1)Requires a mandatory jail term of 90 days to one year, for a  
            person required to complete a batterer's program who twice  
            fails to complete the program.  

          2)Expands the list of specified domestic violence victims to  
            include former spouses and cohabitants.
           
           FISCAL EFFECT
           
          1)Unknown, probably minor, annual costs for increased state  
            incarceration as a result of expanding the definition of a  
            domestic violence victim. 

            Costs should not be significant as any battery that results in  
            serious bodily injury is already punishable by 2, 3, or 4  
            years in state prison. Specified "domestic violence battery"  
            with corporal injury is punishable as a wobbler, with up to 4  
            years in state prison.  "Domestic violence battery" is  
            punishable by up to one year in county jail, while regular  
            battery is punishable by up to six months in county jail.

          2)Unknown nonreimbursable local costs for increased  
            incarceration as a result of expanding the definition of  
            domestic violence victim and establishing a mandatory jail  
            term for failure to complete a batterer's program.

           COMMENT
            








                                                                    SB 563
                                                                    Page  2

           1)Rationale  . According to the author and proponents, current  
            domestic violence laws protect victims according to the status  
            of their relationship, rather than the injury they sustain. A  
            batterer who 
            abuses after marriage or cohabitation must inflict greater  
            injury for a felony charge than if the batterer was still  
            living with the victim - unless they have children in common.

           2)Does a 90-day mandatory minimum for failing to complete a  
            batterer's program provide sufficient judicial discretion?   
            Would a 30-day minimum and/or judicial discretion help guard  
            against possible scenarios that could further inflame a  
            domestic situation, such as loss of employment?
           

           Analysis Prepared by  :    Geoff Long / APPR. / (916)319-2081